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1964 Supreme(Raj) 161

CHHANGANI
Dalchand – Appellant
Versus
State – Respondent


Advocates Appeared:
N.M. Kasliwal, for Petitioner; S.R. Singhi, Dy. Govt. Advocate, for State

Judgement Key Points

Based on the provided legal document, here are the key points regarding the case of Dalchand vs. State:

Case Overview * This is a criminal revision filed by Dalchand (Appellant) against the judgment and order of the Additional Sessions Judge, Jhalawar, which maintained his conviction under Sections 452 and 323 of the Indian Penal Code (IPC). (!) * The petitioner was originally convicted by the Munsif Magistrate for offences under Sections 452 and 323 IPC, involving house trespass and voluntary causing of hurt. (!) * The Additional Sessions Judge modified the sentences, setting aside the fine under Section 452 and altering the sentence under Section 323 to a fine of Rs. 100/- with one month imprisonment in default. (!)

Facts of the Case * The petitioner, along with four others (Gorilal, Daulatram, Tulsiram, and Parmanand), are members of one family. (!) * The complainant, Ridhkaran, leased a shop belonging to the accused and installed a floor-mill and oil extraction machine there. (!) * The complainant also constructed a tin shed on open land purchased towards the north of the shop, with doors from the shop opening into the shed. (!) * A dispute arose when the accused attempted to obstruct the complainant's way by collecting stones, leading to a sudden fight where the petitioner inflicted injuries on the complainant using a salia of a cart. (!) * The police registered a case under Sections 147, 341, and 452 IPC. (!) * The Additional Sessions Judge acquitted the other co-accused but maintained the petitioner's conviction with modified sentences. (!)

Legal Arguments and Court's Reasoning * Preparation for Hurt (Section 452): The court held that there must be clear evidence of preparation for causing hurt to sustain a conviction under Section 452. Since the fight was sudden and arose from a protest against stone collection, it was difficult to infer preparation, making the conviction under Section 452 unsustainable on this ground alone. (!) * Definition of "Building" and "Human Dwelling" (Section 442): The core issue was whether the tin shed constituted a "building used as a human dwelling or as a place for the custody of property." (!) * The court rejected the rigid definition of a building as merely an enclosure of brick or stone-work, noting that the meaning varies based on local habits and notions. (!) * It was established that "custody" implies a sense of security lacking in a simple shed meant only for shelter from sun and rain without doors. (!) * Regarding outer verandahs, the court ruled that they are not automatically considered buildings used for dwelling or custody; each case must be decided on facts regarding actual user, adaptability, and general notions. (!) * Application to the Tin Shed: * The tin shed was open from three sides and bounded only on the fourth side by the shop. (!) * There was no evidence that the accused consented to amalgamate the open space with the shop to make it an integral part. (!) * The complainant's use of the shed as an office (sitting on a slab) was deemed casual and abnormal, not sufficient to classify it as a human dwelling. (!) * Keeping a boiler in the shed did not establish it as a place for the "safe custody" of property. (!) * Conclusion on Trespass: Since the tin shed did not satisfy the requirements of Section 442 (building used for dwelling/custody), the conviction under Section 452 was set aside. However, the ingredients of simple criminal trespass were satisfied, warranting a conviction under Section 447 IPC. (!)

Final Judgment * The revision was partially accepted. (!) * The conviction under Section 452 IPC was set aside, and the petitioner was convicted under Section 447 IPC instead. (!) * The sentence under Section 447 IPC was fixed at a fine of Rs. 50/-, with one month imprisonment in default if the fine was not paid. (!) * The conviction and sentence under Section 323 IPC were maintained as decided by the Additional Sessions Judge. (!)


CHHANGANI, J.—This is a revision by Dalchand against the appellate judgment and order of the Additional Sessions Judge, Jhalawar, dated 21st of June, 1963 maintaining his convictions under secs. 452 and 323 Indian Penal Code. The petitioner was convicted by the Munsif-Magistrate, Jhalawar, by his order dated 31st January, 1963 for these offences. The Munsif Magistrate awarded 6 months rigorous imprisonment and a fine of Rs. 300/-, in default, further rigorous imprisonment for 3 months under sec. 452 and one months rigorous imprisonment under sec. 323 Indian Penal Code. The Additional Sessions Judge while maintaining the convictions modified the sentences awarded by the Munsif Magistrate. He set aside the sentence of fine awarded under sec. 452. He also set aside the substantive sentence under sec. 323 but awarded a sentence of fine amounting to Rs. 100/- and in default directed that the accused will undergo one months rigorous imprisonment.

2. The facts giving rise to the prosecution of the petitioner and four other persons, namely, Gorilal, Daulatram, Parmanand and Tulsiram,are briefly these—

3. The petitioner Dalchand and the co-accused Gorilal and Daulatram are real brothers. The
























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